Landlord Wins Damages Case: Oldham c/o Attache-Tms Associates v Doherty 2024
Nepean landlord awarded $10071 in damages after tenant caused substantial undue damage to rental unit
Summarized by RentZenLast updated: November 3, 2024
Case Summary
2 Ridgevalley Dr, Nepean, ON K2B6L1
Decision in favor of
landlord
Balance Owed to Landlord
$10,071
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Oct 2023
Tenancy End Date
Mar 2024
Hearing Date
May 2024
Order Date
Jul 5, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex wilfully or negligently causing damage to the premises. The Landlord also applied for an order requiring the Tenant to pay the Landlord's reasonable out-of-pocket costs the Landlord has incurred or will incur to repair or replace the undue damage to the property.
Determinations
- Landlord amended application to reduce damages claim from $10,886.26 to $10,502.64
- Tenant was in possession on application date but vacated on 2024-03-31
- Landlord served valid N5 notice on 2023-08-24
- Tenant caused substantial damage beyond reasonable wear and tear
- Landlord provided detailed quote for $10,316.64 in repair costs
- 10% depreciation applied to carpet replacement costs
Arguments and Actions
Tenant
Actions
Tenant caused substantial damage to the rental unit, including damage to the carpet, kitchen door, exterior door, screen door, and walls.
Decision Summary
The Landlord's application for compensation for damages caused by the Tenant was granted. The Tenant is ordered to pay the Landlord $9,885.44 for the reasonable costs of repairing the damage and replacing the damaged property, plus $186 for the application filing fee. If the Tenant does not pay the full amount by July 16, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
10.0%
Mutual Agreement
0.0%
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Financial Details
Application Fee
$186
Damages
$9,885
Total Owing
$10,071 (Owed to Landlord)
Source
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